HMO licensing rules are changing!

HMO licensing has been extended as of 1 October 2018. If you rent out, or are intending to rent out, an HMO to five or more people who share facilities, you will need a licence regardless of the number of storeys (floors) in your property.

House in Multiple Occupation (HMO)

A house in multiple occupation (HMO) is defined as a shared house which is occupied by three or more persons (including children) who form more than one household. Find out about the new HMO licensing rules which came into force on 1 October 2018 and what the responsibilities of an HMO owner are.

What does an HMO include?

HMOs include buildings converted into self-contained flats (which do not meet the standards of the 1991 Building Regulations).

Examples include:

a house let as individual bedsits

lodgings, and shared houses - three unrelated individuals would form three separate households

houses converted into self-contained flats

Please note, the tenancy agreement is not relevant in determining if the house is an HMO. For example: four unrelated tenants under one tenancy agreement still form four separate households.

Storeys means the number of floors within the HMO but also includes lower storeys that are used for non-residential purposes (such as a shop). So a two-storey HMO above a shop would be regarded as a three-storey HMO.

Occupiers includes all persons in the HMO, both adults and any children residing at the address.

Households can be a family, a couple (including same sex couples) or a single person, but all unrelated adults that are not a couple, or part of a family, are treated as separate households. A group of more than two students sharing an address would be considered to be living in an HMO even if they had all signed a joint tenancy

Do I need an HMO licence?

If your HMO has three storeys or more, and is occupied by least five occupiers, forming two or more households, a licence is required, in which case you must apply for a HMO licence.

Most HMOs within our borough must be licensed under the HMO Mandatory Licensing Scheme unless your HMO falls within certain exempted categories.

Owners of HMO properties have additional responsibilities relating to the management of the property. HMO management regulations apply to most properties where there are three or more unrelated occupants.

We have adopted HMO Amenity Standards [72.28KB] as a guide to what facilities are required in a HMO. We follow LACORS fire safety guidance, which is now available on the CIEH website.

Fire safety can be enforced by us in any domestic property (not only HMOs). Smoke alarms must be installed in all rented accommodation from 1 October 2015. Carbon monoxide alarms are also required where there is a solid fuel appliance. Further fire safety guidance is available from gov.uk.